Holiday Parent-time Under the New Optional Minimum Parent-time Schedule - Melvin
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Holiday Parent-time Under the New Optional Minimum Parent-time Schedule

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My most recent post related to Utah’s new optional minimum parent-time statute, which allows the non-custodial parent to keep the children overnight during his or her mid-week visit and also to keep the children overnight on Sunday evening during his or her alternating weekend visit. As far as splitting the holidays under the optional schedule, the parents will continue to split the major holidays evenly, but the non-custodial parent gets to keep the children overnight in situations where he or she would otherwise be required to drop them off after 6:00 p.m. If the children are in school, the non-custodial parent simply takes the children to school the next morning. If the children are not in school then the non-custodial parent keeps the children until 8:00 a.m. the next morning.

As with the regular minimum parent-time schedule, holidays are extended by snow days, teacher development days, and any other days in which the children are not required to be in school and which are contiguous to the holiday. As with the regular minimum parent-time schedule, if a holiday falls on a school day, the non- custodial parent is responsible for the child’s attendance at school that day. As with the regular minimum parent-time schedule, if a holiday falls on a weekend or on a Friday or a Monday and the total holiday period extends beyond that time so that the child is free from school and the parent if free from work, then the parent gets that lengthier holiday schedule. As with the regular minimum parent-time schedule, if the non-custodial parent is available, then he or she may pick up the child after school for the holiday weekend or if school is not in session, at 8:00 a.m.

As with the regular minimum parent-time schedule, birthdays take precedence over holidays and weekends, except for Mother’s Day and Father’s Day. Birthdays do not take precedence over uninterrupted parent-time if the parent exercising such uninterrupted time with the children is out of town with the children on vacation. At the non-custodial parent’s discretion, other siblings may be taken along for birthdays. As with the regular minimum parent-time schedule, holidays do not change the rotating weekend schedule.

The new optional parent-time statute by its terms applies to children from ages 5-18 years of age. However, the parents and the court may consider an upward deviation from the minimum parent- time schedule for younger children in order to facilitate their being with their siblings. For easy reference, below is the regular holiday parent-time schedule, which is supplemented by the additional overnight referenced above. The letters and numbers refer to the applicable Section of the Utah Code, namely 30-3-35(2).

HOLIDAY SCHEDULE

(f) In years ending in an odd number, the noncustodial parent is entitled to the following holidays:

(i) child’s birthday on the day before or after the actual birth date beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;

(ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;

(iii) spring break beginning at 6 p.m. on the day school lets out for the holiday until 7 p.m. on the Sunday before school resumes;

(iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;

(v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;

(vi) the fall school break, if applicable, commonly known as U.E.A. weekend beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;

(vii) Veteran’s Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the holiday; and

(viii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday period is equally divided.

(g) In years ending in an even number, the noncustodial parent is entitled to the following holidays:

(i) child’s birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;

(ii) President’s Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;

(iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;

(iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;

(v) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday;

(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;

(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and

(viii) the second portion of the Christmas school vacation as defined in Subsection 30-3- 32(3)(b), beginning 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or at 7 p.m. if there are an even number of days for the holiday period, so long as the entire Christmas holiday period is equally divided.

(h) The custodial parent is entitled to the odd year holidays in even years and the even year holidays in odd years.

(i) Father’s Day shall be spent with the natural or adoptive father every year beginning at 9 a.m. until 7 p.m. on the holiday.

(j) Mother’s Day shall be spent with the natural or adoptive mother every year beginning at 9 a.m. until 7 p.m. on the holiday.

(k) Extended parent-time with the noncustodial parent may be:

(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;

(ii) two weeks shall be uninterrupted time for the noncustodial parent; and

(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.

(l) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.

(m) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days prior to the end of the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.

(4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended beyond the hours designated in Subsection (2)(g)(vi).

Contact a Salt Lake City Attorney Committed to Protecting Your Rights

When it comes the family law and social security disability, each client and case is different. It is also important to select an attorney with the experience, skills and professionalism required to address your legal issues. To learn more, contact the Salt Lake City law offices of Melvin A. Cook and schedule an initial consultation to discuss your case.

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